Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 18, 21, 22 and 24 are objected to because of the following informalities: In claim 18, lines 10-11, “the at least one cutouts” is ungrammatical, and should be --the at least one cutout--. In lines 14-15, “the at least one additional tabs” is ungrammatical, and should be --the at least one additional tab--. In claim 21, line 1, “the at least one cutouts” is ungrammatical, and should be --the at least one cutout--. In claim 22, lines 1-2, “the at least one additional tabs” is ungrammatical, and should be --the at least one additional tab--. In claim 2, lines 1-2, “the at least one additional tabs” is ungrammatical, and should be --the at least one additional tab--. Appropriate correction is required.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 18-25 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. In claim 18, lines 5, 15 and 17, the definition of “at least four hanging tabs” is never expressed exactly, nor is such understood to be originally delimited by the original disclosure. In claim 18, lines 11-13, the recitation “wherein each of the at least one additional extends in a plane perpendicular to the side wall through which it extends” is never expressed exactly, nor is such understood to be originally delimited by the original disclosure.
Applicant states that this application is a continuation or divisional application of the prior-filed application. A continuation or divisional application cannot include new matter. Applicant is required to delete the benefit claim or change the relationship (continuation or divisional application) to continuation-in-part because this application contains the following matter not disclosed in the prior-filed application: In claim 18, lines 5, 15 and 17, the definition of “at least four hanging tabs” is never expressed exactly, nor is such understood to be originally delimited by the original disclosure of the parent applications. In claim 18, lines 11-13, the recitation “wherein each of the at least one additional extends in a plane perpendicular to the side wall through which it extends” is never expressed exactly, nor is such understood to be originally delimited by the original disclosure of the parent applications.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 18-25 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 18, lines 3-4, “the side walls having a top edge opposite the base” is indefinite, as plural side walls do not define a single top edge as recited.
In claim 21, line 2, “an at least one additional tab” is indefinite whether such is an entirely different tab than previously defined, or double recitation of those “additional tabs” previously defined.
In claim 23, line 1, “each of the panels” lacks antecedent basis for plural panels.
In claim 24, “wherein upon folding, each of the at least one additional tabs fits into an at least one cutout” appears to be double recitation relative to claim 18, lines 10-11, “at least one additional tab extending through each of the at least one cutouts”.
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG